Jan 03
Harris County GA Homidice criminal law lawyer
Homidice in Columbus Georgia
Homicide is a legal term for the unlawful killing of another human being. Homicide is not an easy thing to understand since many several categories of homicide exist.
Murder is the most serious kind of homicide. Murder is the unlawful killing of another human being without excuse. If the victim lives longer than one year and one day after the initial attack, many states prohibit the charge of murder being brought. The reason being that if someone lives that long after the attack it was most likely not the attack that killed them. Manslaughter is a category of homicide which is considered less serious that murder.
Manslaughter itself is classified into two categories – voluntary and involuntary. Voluntary manslaughter is when you kill someone else however you were provoked for some reason were provoked into doing so.
Justifiable Homicide is be complicated however its where someone kills another yet the circumstances deem it justifiable. Justifiable homicide refers to the killing of one person by another which is committed without malice or criminal intent. Homicide could be considered justifiable homicide if it is committed in self defense, the defense of others, when trying to prevent a serious crime and in the line of duty.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Jan 02
Harris County GA drunk driving criminal law law firm
Dealing with a DUI charge in Muscogee County Georgia
When individuals are arrested for DUI, one of the first things they want to know is how to get out of a driving under the influence conviction. Theres no easy answer to that question because driving under the influence is a criminal offense. If youre arrested and charged with drunk driving, youre going to have to go through a criminal trial and also administrative hearings concerning your driving privileges if youre not able to make a plea bargain. Trying to handle all of these proceedings on your own is perhaps the easiest way to lose your criminal case and your driving privileges at the same time. If you choose to hire an attorney who does not specialize in DUI, you are risking your reputation and your freedom, as being convicted will result in a jail term in many states. Working with a specialist lawyer who knows driving under the influence inside and out is the easiest way to successfully defend yourself against a DUI charge.
Being charged with DUI is not a pleasant experience. Any GA DUI lawyer will tell you that. No matter what you believe to be fair, the consequences of a DUI conviction are intentionally inconvenient and should be taken very seriously. In most instances your drivers license is suspended, you are charged huge fines or even sent to undergo some time in prison. These consequences may make something as simple and important as getting to work a challenging job.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Jan 01
Muscogee County GA field sobriety defense law firm
Field Sobriety Tests in Chattahoochee County GA
Throughout the nation, the most common offense indicted in a year, by far, is DUI or drunk driving. Driving while intoxicated is not a minor matter. A person can receive anything from a warning to jail term. DUI may start as a misdemeanor and escalate into a felonious crime by degree; although, no matter what degree of culpability you face, DUI will turn your world upside-down. However a driving under the influence charge must be proved in a court of law.
If a police officer pulls a vehicle over on suspicion of DUI, he can ask for ordinary credentials, including license and registration. The officer may ask the person to step out of the vehicle and perform one of several field sobriety tests (FSTs). These are fast exercises for the driver, intended to show whether or not he/she is intoxicated. Even if an FST is not administered, the officer is likely to administer a chemical test, which more accurately indicates sobriety or insobriety. A breathalyzer can be used at the initial traffic stop, or the suspect may be taken back to the station for a blood or urine test.
Standard field sobriety testing may be incorrect in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a suspect is intoxicated. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 31
Chattahoochee County Georgia DUI and field sobriety defense law firm
Horizontal Gaze Nystagmus and drunk driving in Columbus Georgia
Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is means an involuntary jerking of the eyes as the eyes move from the center position off to the side. In order to obtain an accurate result, HGN should be administered properly. In order to remove the possibility that HGN has been caused by a medical condition, the eyes of the person should be observed in a resting position. The officer must be facing the person, with both officer and subject standing. The eyes should first be checked for equal pupil size, resting nystagmus, and equal tracking. Equal tracking is the ability of the eyes to follow an object together. If the pupils are visibly unequal in size, or if the eyes do not track together, there is a chance that the nystagmus is the result of injury or a medical condition.
Officers will notice the physical appearance of the alleged intoxicated driver very closely. This is done to demonstrate symptoms of intoxication so as to form the basis of arrest (probable cause). The symptoms should be included in the arrest report for the use of the prosecuting attorney in the prosecution of the driver for drunk driving. DUI allegations have serious effects. Those guilty of drunk driving can not only lose their job, but also end up with a jail term. A drunk driving charge remains on ones criminal record forever and will always have an impact on his or her life, maybe even inhibiting future job aspirations.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 30
Chattahoochee County Georgia misdemeanors criminal law attorney
Misdemeanors in Chattahoochee County GA
While misdemeanor charges are generally considered as being less serious criminal charges, the results for being convicted of this offense may be significant. Persons who are convicted of committing misdemeanors are often sentenced to jail less than one year and asked to pay large fines. Having a misdemeanor on your record will not be as bad as having a felony on your record, however the record can still hinder you in the future and you will require an attorney to help lower the chances of this happening.
Individuals facing misdemeanor charges many times do not consider the future repercussions of neglecting to hire a lawyer. Believing their situation is not serious enough to need the services of a lawyer, few persons choose to handle their own cases, thereby damaging their chances of acquitaal charges. Without sufficient representation from a seasoned lawyer, conviction is almost certain and the resulting repercussions can be serious.
The penalties for misdemeanors depend on how serious the specific offense is. While certain misdemeanors carry a one year jail term and a maximum fine of 2,500 dollars while others have lower fines and less prison term, if any.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 29
Columbus GA serious felony criminal lawyers
Felonies in Muscogee County Georgia
Felonies are at the top of the charts as far as criminal sentences are concerned. In Georgia, a felony charge has the harshest sentences and is considered a more serious criminal offence than misdemeanors or infractions. If compared with a misdemeanor or an infraction conviction, a felony is far worse. Youll face a minimum of a year in prison and depending on your sentence, you can face several years in jail. If you are convicted of a misdemeanor, youll get at least five days in prison and a maximum prison term of one year, that you will serve in a [rison facility. The least serious of crimes are infractions also known as petty offenses and typically do not involve prison term. In some places, convicted felons will lose their right to vote and serve on juries. They can also be prevented from practicing law, owning guns, becoming a teacher or serving in the military. Those convicted of sex crimes must register as a sex-offender. Felonies are serious charges, so do not wait until you are convicted to do something about it.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 28
Chattahoochee County Georgia violent crime criminal defense lawyer
Money for battery victims in Columbus Georgia
When there is palpable harm whether physical, emotional, or monetary all elements of a battery are present, an aggrieved person may file charges. Usually in criminal law, the state files the for battery, while the victim is a witness for the state. In criminal proceedings, the focus is on the guilt or innocence of the defendant and typically, no damages are awarded to the victim. but, when the harm is very severe he or she may qualify for help through a “victims compensation fund.”
A battery victim can file a civil lawsuit stemming from the same offence, in which the suspect is charged with the tort of battery. In such cases, damages are usually compensatory, along with special relief like injunctive or punitive. Substantial harm is not necessary, however there should be palpable harm. Compensatory damages may be for either economic and non-economic harm. The plaintiff may seek monetary damages to cover property; physical harm and emotional harm caused from the offence. In the case of transferred intent involving an assault and battery, there may be two plaintiffs: the intended victim of the battery and the actual victim.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 27
Muscogee County Georgia battery criminal defense attorney
Non-consensual Physical Contact in Harris County GA
Non-consensual contact may be made with either a person or that persons extended personality. This means that if one person leans forward and yanks the watch off another, a battery is committed, although the first person never actually touched the hand of the latter. When this act was preceded with an intent to cause the latter to fear an impending violent yank of the watch, both an assault and a battery have been committed. If the suspect only intended an assault causing the other to fear an impending violent pulling of the watch but did not intend to actually complete the violent yank, but somehow his hand made contact with, and actually yanked off the watch, both an assault and a battery have occurred. If in the process of physically gesturing to violently pull the watch off, contact is actually made and the watch is pulled from the latters wrist, a battery is committed.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 26
Columbus GA battery defense lawyers
Criminal Battery and Intent in Muscogee County Georgia
Battery is a general intent crime. This means that the accused need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwarranted contact. This also means that gross negligence and even recklessness can provide the necessary intent to establish a battery.
The doctrine of transferred intent will also apply. If a person intends to strike another, but the other moves out of the way to avoid being hit, causing the blow to strike a third person, both an assault against the second person and a battery against the third person have occurred.
This is a vital difference between a battery and an assault. A battery requires actual contact. An assault is, actually an incomplete battery; a person commits an assault if he or she intentionally places an individual in apprehension of an impending battery. however, if a person intended only an assault to cause an apprehension of a likely battery, and harmful contact actually occurs, the person has committed a battery as well as an assault.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Dec 25
Columbus Georgia assault criminal defense lawyers
Battery in Columbus GA
Mere criminal battery is usually prosecuted as a misdemeanor. Repeat crimes or the specific nature of the crime may warrant more severe penalties. For example, in certain states, a second or third crime against the same individual is a felony. In cases of domestic violence, many states disallow battery charges to be dropped against the defendant, even at the request of the victim, due to the potential for repeat or increased harm.
Most sexual offences include elements of battery because they are essentially non-consensual contacts, and few states actually have penal codes that list specific crime of “sexual battery.”
Aggravated battery is a simple battery with an additional element of an aggravating factor. This is typically the addition of a weapon whether used or threatened with, and is usually a felony offense. Examples of other aggravated batteries are those committed against protected persons; those in which the victim suffers serious injury; or those occurring in a public transit vehicle or station, or school zone, or other protected areas. These are all aggravating factors that will convert simple misdemeanor batteries to the level of felonies.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
